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K R Pete And Pandavapura Taluk Mspc vs The Principal Secretary
2024 Latest Caselaw 26468 Kant

Citation : 2024 Latest Caselaw 26468 Kant
Judgement Date : 6 November, 2024

Karnataka High Court

K R Pete And Pandavapura Taluk Mspc vs The Principal Secretary on 6 November, 2024

                                                 -1-
                                                         NC: 2024:KHC:44825-DB
                                                          WA No. 1618 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 6TH DAY OF NOVEMBER, 2024

                                               PRESENT
                          THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
                                                 AND
                             THE HON'BLE MR. JUSTICE K. V. ARAVIND
                             WRIT APPEAL NO. 1618 OF 2024 (GM-RES)
                   BETWEEN:


                   1.   K.R. PETE AND PANDAVAPURA TALUK MSPC
                        A SOCIETY UNDER THE KARNATAKA SOCIETIES
                        REGISTRATION ACT, 1960
                        HAVING OFFICE AT NO.688/1700,
                        K.R.S. ROAD, PANDAVAPURA TOWN
                        PANDAVAPURA, MANDYA KARNATAKA - 571 435.,
                        REPRESENTED BY ITS PRESIDENT
                        SMT. P. HEMAVATHI.
                                                                  ...APPELLANT
Digitally signed
by VALLI           (BY SRI NEERAJ SASTRY, ADVOCATE FOR
MARIMUTHU
                    SRI T.R. GIRISHA, ADVOCATE)
Location: High
Court of
Karnataka          AND:


                   1.   THE PRINCIPAL SECRETARY
                        STATE OF KARNATAKA
                        DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT,
                        HAVING OFFICE AT 1ST FLOOR,
                        MS BUILDING, DR. B. R. AMBEDKAR VEEDHI
                        BANGALORE - 560 001.
                             -2-
                                     NC: 2024:KHC:44825-DB
                                      WA No. 1618 of 2024




2.   THE DIRECTOR
     DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT
     HAVING OFFICE AT 1ST FLOOR,
     MS BUILDING, DR. B. R. AMBEDKAR VEEDHI
     BANGALORE - 560 001.


3.   HARIHARESHWARA MAHILA UDYOGA
     MATTU SEVA SANGHA
     REPRESENTED BY ITS PRESIDENT
     OFFICE AT SURVEY NO.125/2B,
     BEKINA KALMATHAYANE YALAVATTI VILLAGE,
     SHIVAMOGGA - 577.
                                              ...RESPONDENTS
(BY SRI V.G. BHANUPRAKASH, AAG A/W
 SRI K.S. HARISH, G.A. FOR R1 AND R2
 SRI VIKRAM HUILGOL, SENIOR ADVOCATE
 A/W MS. SHRIYA CHAKRAVARTHY, ADVOCATE FOR C/R3)

      THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT
DATED 30.09.2024, PASSED BY THE LEARNED SINGLE JUDGE IN
WRIT PETITION No. 24967 OF 2024 IN THE INTEREST OF JUSTICE
AND EQUITY.

      THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                    -3-
                                               NC: 2024:KHC:44825-DB
                                                WA No. 1618 of 2024




CORAM:      HON'BLE THE CHIEF JUSTICE MR. JUSTICE
            N. V. ANJARIA
            and
            HON'BLE MR. JUSTICE K. V. ARAVIND

                           ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Heard learned advocate Mr. Neeraj Sastry for learned advocate

Mr. T.R. Girisha for the appellant-original petitioner, learned Additional

Advocate General Mr. V.G. Bhanuprakash assisted by learned

Government Advocate Mr. K.S. Harish for respondent Nos.1 and 2

and learned Senior Advocate Mr. Vikram Huilgol for learned advocate

Ms. Shriya Chakravarthy for respondent No.3.

2. The present writ appeal is directed against the judgment and

order dated 30.09.2024 passed in Writ Petition No.24967 of 2024.

Thereby, the writ petition of the appellant-original petitioner came to

be dismissed by learned Single Judge.

3. The challenge in the writ petition was to the communication

dated 20.07.2024 issued by respondent No.2-the Director,

Department of Women and Child Development, whereby it was

directed that the Mahila Supplementary Production Training Centre

shall be modernized and revamped for its operations in order to

improve the quality of food provided to beneficiaries of the Integrated

Child Development Services Scheme.

NC: 2024:KHC:44825-DB

4. Learned Single Judge took a view that the nature of the

communication was purely in the policy domain and it was a policy

decision of the State based on financial considerations.

5. The view taken could be said to be eminently legal and proper.

Not only that, when the copy of the order dated 20.07.2024 which was

impugned before learned Single Judge is seen, it could be noticed

that the revamping and modernization of the Mahila Supplementary

Production Training Centre concerned is pursuant to the orders

passed by this Court in Writ Petition No.3522 of 2022 and the Hon'ble

Supreme Court in Special Leave Petition No.18930 of 2022 and

others.

6. The challenge to the order of learned Single Judge is entirely

misconceived in law.

7. The appeal is meritless and it is accordingly dismissed.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE

DDU

 
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